Small Claims Answer

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Oklahoma requires the use of official District Court forms for small claims
answers. This template provides the substantive legal content to help you prepare —
but you must transfer your content to the official form before filing. The official form
is available at your local County District Court Clerk's office or at oklaw.org.
Do not file this document directly with the court.

IN THE DISTRICT COURT OF

[________________________________] COUNTY

STATE OF OKLAHOMA — SMALL CLAIMS DIVISION

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM

FILING DEADLINE NOTICE

Under Oklahoma small claims procedure (12 O.S. § 1758), no formal written answer is required to avoid a default judgment. However, Defendant may appear at the hearing and present a defense. If Defendant wishes to assert a counterclaim or setoff, a verified answer must be filed with the court clerk and delivered to the Plaintiff no later than seventy-two (72) hours before the first appearance date. Cases must be heard within sixty (60) days of the filing of the claim pursuant to 12 O.S. § 1756.

• Date Complaint and Notice were served on Defendant: [__/__/____]
• Scheduled Hearing Date: [__/__/____]
• Deadline to file Counterclaim (72 hours before hearing): [__/__/____]
• Date this Answer is being filed: [__/__/____]

I. DEFENDANT INFORMATION

Defendant appears in this action:

☐ Pro se (self-represented, without an attorney)
☐ By counsel — Attorney information below:

Note: Under Oklahoma small claims procedure, attorneys are permitted to represent parties. However, small claims proceedings are designed to be informal and accessible to self-represented litigants. See 12 O.S. § 1751 et seq.

II. PRELIMINARY STATEMENT

1. Defendant, [________________________________], hereby submits this Answer to the Small Claims Affidavit/Complaint ("Complaint") filed by Plaintiff, [________________________________] ("Plaintiff"), in the above-captioned matter.

2. This Answer is filed pursuant to 12 O.S. § 1758 and the Oklahoma Small Claims Procedure Act (12 O.S. §§ 1751–1773), in advance of the scheduled hearing date.

3. All allegations contained in the Complaint that are not expressly admitted herein are hereby denied, and Defendant demands strict proof thereof.

4. Defendant reserves all rights, defenses, and objections available under Oklahoma law.

III. RESPONSES TO PLAINTIFF'S ALLEGATIONS

Defendant responds to each allegation of the Complaint as follows:

Instructions: For each paragraph of the Complaint, check the appropriate response and provide any explanation.

Allegation No. 1

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 2

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 3

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 4

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 5

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 6

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Add additional allegation responses as needed to match the Complaint.

IV. DEFENDANT'S STATEMENT OF FACTS

Defendant states the following facts in support of this Answer:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

6. [________________________________]

7. [________________________________]

8. [________________________________]

Note: Oklahoma small claims proceedings are informal. The court will receive and consider all relevant evidence, including testimony, documents, photographs, and other exhibits, without strict adherence to formal rules of evidence. See 12 O.S. § 1756. Bring all supporting documentation to the hearing.

V. AFFIRMATIVE DEFENSES

Defendant asserts the following defenses without assuming any burden of proof not otherwise imposed by law. Each defense is pleaded separately and in the alternative:

Defense No. 1: Failure to State a Claim

Plaintiff's Complaint fails to state a claim upon which relief can be granted. Even accepting all allegations as true, no legally cognizable cause of action is established under Oklahoma law.

Defense No. 2: Statute of Limitations

Plaintiff's claims are barred, in whole or in part, by the applicable Oklahoma statutes of limitations under 12 O.S. § 95, including:

• 12 O.S. § 95(A)(1): Five (5) years for breach of a written contract or written obligation
• 12 O.S. § 95(A)(2): Three (3) years for breach of an oral contract
• 12 O.S. § 95(A)(3): Two (2) years for personal injury, trespass on real property, injury to personal property, and conversion
• 12 O.S. § 95(A)(4): One (1) year for libel, slander, assault, battery, malicious prosecution, and false imprisonment
• 12 O.S. § 95(A)(6): Two (2) years for actions on a statutory liability or penalty
• 12A O.S. § 2-725: Five (5) years for breach of contract for the sale of goods under the UCC

Defense No. 3: Payment, Accord, and Satisfaction

Any amounts allegedly owed by Defendant to Plaintiff have been paid in full, settled by accord and satisfaction, or otherwise discharged. Defendant states: [________________________________]

Defense No. 4: Setoff and Recoupment

Defendant is entitled to set off against any amount owed to Plaintiff sums that Plaintiff owes to Defendant arising from the same or related transactions. The right of setoff is expressly recognized in Oklahoma small claims procedure. See 12 O.S. § 1758.

Defense No. 5: Lack of Standing

Plaintiff lacks standing to bring this action because Plaintiff has not suffered a legally cognizable injury, is not the real party in interest, or has assigned the claim to another entity.

Defense No. 6: Estoppel, Waiver, and Laches

Plaintiff is estopped from asserting these claims, has waived the right to bring these claims through prior conduct or agreement, or is barred by the doctrine of laches due to unreasonable delay causing prejudice to Defendant.

Defense No. 7: Failure to Mitigate Damages

Plaintiff failed to take reasonable steps to mitigate damages as required under Oklahoma law. Any alleged losses are attributable, in whole or in part, to Plaintiff's failure to mitigate.

Defense No. 8: Comparative Negligence

Pursuant to 23 O.S. § 13 and 23 O.S. § 14, Plaintiff's own negligence or fault caused or contributed to any damages alleged. Oklahoma follows a modified comparative negligence system; Plaintiff's recovery is barred if Plaintiff's fault equals or exceeds fifty percent (50%) of the total fault.

Defense No. 9: Fraud or Misrepresentation by Plaintiff

The agreement, transaction, or obligation underlying Plaintiff's claims was procured by fraud, misrepresentation, or material omission by Plaintiff, rendering the obligation voidable.

Defense No. 10: Unclean Hands

Plaintiff has engaged in inequitable conduct relating to the subject matter of this action, and equitable relief should be denied under the doctrine of unclean hands.

Defense No. 11: Illegality or Void as Against Public Policy

The agreement, transaction, or conduct underlying Plaintiff's claims is illegal, unconscionable, or void as against Oklahoma public policy.

Defense No. 12: Reservation of Additional Defenses

Defendant reserves the right to assert additional defenses as they become known through investigation, discovery, or preparation for the hearing.

VI. COUNTERCLAIM

Complete this section ONLY if Defendant has a claim against Plaintiff. If no counterclaim is asserted, check the box below and skip to Section VII.

☐ No Counterclaim. Defendant does not assert a counterclaim at this time.

☐ Counterclaim Asserted. Defendant asserts the following counterclaim against Plaintiff pursuant to 12 O.S. § 1758.

IMPORTANT NOTICE REGARDING COUNTERCLAIMS

• A counterclaim or setoff must be filed as a verified answer and delivered to Plaintiff no later than seventy-two (72) hours before the first appearance date. See 12 O.S. § 1758.
• The counterclaim amount must not exceed $10,000, exclusive of interest and costs. See 12 O.S. § 1751.
• The counterclaim must be based on a claim for recovery of money arising from contract or tort (excluding libel and slander).
• The verified answer with counterclaim must be both filed with the court clerk AND delivered to the Plaintiff in person.
• If Defendant fails to timely file the counterclaim, it may be waived for purposes of the small claims proceeding.

A. Counterclaim Parties

B. Jurisdiction and Venue

This counterclaim is properly brought in the Small Claims Division of the District Court of [________________________________] County because:

☐ The amount in controversy does not exceed $10,000, exclusive of interest and costs (12 O.S. § 1751)
☐ The counterclaim arises from the same transaction or occurrence as the Complaint
☐ Venue is proper in this county pursuant to 12 O.S. § 1752

C. Type of Counterclaim

☐ Breach of Contract (written)
☐ Breach of Contract (oral)
☐ Property Damage
☐ Unpaid Wages or Services Rendered
☐ Money Had and Received / Unjust Enrichment
☐ Return of Security Deposit (41 O.S. § 115)
☐ Fraud / Misrepresentation
☐ Consumer Protection Violation (15 O.S. § 751 et seq.)
☐ Breach of Warranty
☐ Conversion of Property
☐ Negligence
☐ Other: [________________________________]

D. Factual Allegations Supporting Counterclaim

State the facts giving rise to your counterclaim clearly and in numbered paragraphs:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

6. [________________________________]

E. Damages Sought on Counterclaim

Counter-Claimant seeks judgment against Counter-Defendant in the amount of:

$[________________________________]

This amount includes:

☐ Actual/compensatory damages: $[________________________________]
☐ Return of security deposit: $[________________________________]
☐ Repair / replacement costs: $[________________________________]
☐ Lost wages / income: $[________________________________]
☐ Other: $[________________________________]

Plus the following additional relief:

☐ Pre-judgment interest as permitted by law
☐ Post-judgment interest at the statutory rate (12 O.S. § 727.1)
☐ Court costs
☐ Such other relief as the Court deems just and proper

F. Supporting Documents for Counterclaim

List all documents Defendant intends to present at the hearing in support of the counterclaim:

☐ Contract / written agreement
☐ Receipts / invoices
☐ Photographs
☐ Text messages / emails
☐ Correspondence / demand letters
☐ Estimates / repair quotes
☐ Bank / financial records
☐ Witness statements
☐ Other: [________________________________]

VII. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

A. Deny Plaintiff's Complaint in its entirety and enter judgment in favor of Defendant;

B. Enter judgment in favor of Defendant on the Counterclaim (if asserted) in the amount of $[________________________________], plus allowable pre-judgment and post-judgment interest;

C. Award Defendant recoverable court costs as permitted by law;

D. Grant such other and further relief as the Court deems just and proper.

VIII. VERIFICATION

I, [________________________________], state under penalty of perjury under the laws of the State of Oklahoma that the foregoing Answer (and Counterclaim, if applicable) is true and correct to the best of my knowledge, information, and belief. I understand that a false statement may subject me to penalties under Oklahoma law.

Note: If a counterclaim or setoff is asserted, the answer MUST be verified pursuant to 12 O.S. § 1758.

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

IX. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Defendant's Answer, Affirmative Defenses, and Counterclaim was served upon the Plaintiff by the following method:

☐ Personal delivery / hand delivery to:

[________________________________]
[________________________________]
[________________________________]

Note: Under 12 O.S. § 1758, a verified answer containing a counterclaim must be delivered to the Plaintiff IN PERSON. Service by mail may not satisfy this requirement for counterclaims.

☐ First-class U.S. Mail, postage prepaid (for Answer without Counterclaim), addressed to:

[________________________________]
[________________________________]
[________________________________]

☐ Certified mail, return receipt requested, addressed to:

[________________________________]
[________________________________]
[________________________________]
Certified Mail Tracking No.: [________________________________]

☐ Electronic service (if authorized by the Court or agreed upon by the parties) to:

[________________________________]

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

X. HEARING INFORMATION AND PREPARATION

A. Hearing Date and Location

B. What to Bring to the Hearing

☐ A copy of this filed Answer
☐ A copy of the original Complaint and Notice
☐ All contracts, agreements, or written documents relevant to the dispute
☐ Receipts, invoices, estimates, or proof of payment
☐ Photographs or video evidence
☐ Text messages, emails, or other written communications
☐ A list of witnesses you intend to call (with contact information)
☐ Subpoenas for witnesses (if issued)
☐ Any other evidence that supports your defense or counterclaim
☐ Photo identification
☐ Proof of service of counterclaim (if applicable)

C. Important Hearing Rules

• Oklahoma small claims hearings are informal. Formal rules of evidence do not strictly apply, but the judge may exclude irrelevant or prejudicial evidence. See 12 O.S. § 1756.
• There is no jury in small claims court. The judge will decide the case.
• Cases must be heard within sixty (60) days after the claim is filed. See 12 O.S. § 1756.
• If you fail to appear at the hearing, a default judgment may be entered against you pursuant to 12 O.S. § 1757.
• Both parties will have an opportunity to present their case, call witnesses, and introduce evidence.
• Hearings are generally brief (15 to 30 minutes).
• Interpreter services may be requested in advance through the court clerk's office.

XI. FILING REQUIREMENTS AND FEES

A. Filing Fee

The filing fee for an Answer in the Small Claims Division varies. Contact the [________________________________] County District Court Clerk to confirm the current fee.

☐ Filing fee paid: $[________________________________]
☐ Fee waiver / deferral application submitted (In Forma Pauperis affidavit)

B. Filing Methods

☐ In person at the District Court Clerk's office
☐ By mail to the District Court Clerk
☐ Electronically (if e-filing is available in this District Court)

C. Filing Checklist

☐ Original Answer filed with Court Clerk
☐ Copy of Answer delivered to Plaintiff (in person if counterclaim is included)
☐ Filing fee paid or waiver filed
☐ Proof of service retained for records
☐ Hearing date confirmed

XII. POST-HEARING INFORMATION

A. Appeal Rights

If you disagree with the judge's decision in the Small Claims Division, you may file an appeal pursuant to 12 O.S. § 1757:

• An appeal must be filed within thirty (30) calendar days after the date the final judgment is entered.
• The appeal is taken to the same District Court, but the case is heard under regular civil procedure rules.
• A filing fee is required for the appeal.
• Formal rules of evidence and procedure apply on appeal.
• Either party may be represented by an attorney on appeal.
• The appeal is heard de novo (as a new trial) if the small claims judgment was entered by default or if the court so orders.

B. Judgment Enforcement

If a money judgment is entered, the prevailing party may enforce it through:

• Garnishment of wages or bank accounts (12 O.S. § 1171 et seq.)
• Judgment lien on real property (12 O.S. § 706)
• Execution on personal property (12 O.S. § 735 et seq.)
• Income assignment
• Other lawful collection methods

C. Vacating a Default Judgment

A defendant against whom a default judgment has been entered may move to vacate the judgment within a reasonable time, provided the defendant can show excusable neglect and a meritorious defense. See 12 O.S. § 1031.1.

IMPORTANT PRACTICE NOTES FOR OKLAHOMA SMALL CLAIMS

Jurisdictional Limit

The Small Claims Division has jurisdiction over civil actions for the recovery of money based on contract or tort (excluding libel and slander) where the amount in controversy does not exceed $10,000, exclusive of attorney fees and other court costs. See 12 O.S. § 1751.

No Formal Pleading Required

No formal pleading other than the claim and notice is required. However, a verified answer is necessary if the defendant wishes to assert a counterclaim or setoff. See 12 O.S. § 1758.

72-Hour Rule for Counterclaims

If Defendant asserts a counterclaim or setoff, the verified answer must be filed with the clerk and delivered in person to the Plaintiff not later than 72 hours before the first appearance date. See 12 O.S. § 1758.

Attorney Representation

Attorneys may represent parties in Oklahoma small claims proceedings. There is no prohibition on attorney representation.

No Formal Discovery

Formal discovery (interrogatories, depositions, requests for production of documents) is generally not available in small claims proceedings. However, parties may bring witnesses and documents to the hearing and request subpoenas through the court clerk.

Transfer to Regular Docket

The court may transfer a case from the small claims docket to the regular civil docket if the interests of justice require it or if the amount in controversy exceeds the jurisdictional limit.

Sixty-Day Hearing Requirement

Oklahoma law requires that small claims cases be heard within sixty (60) days after the claim is filed. See 12 O.S. § 1756.

Sources and References

• Oklahoma Statutes Title 12, Chapter 36 – Small Claims Procedure (12 O.S. §§ 1751–1773): Oklahoma Legislature
• 12 O.S. § 1751 – Suits Authorized Under Small Claims Procedure: Justia
• 12 O.S. § 95 – Statutes of Limitations: Justia
• Oklahoma Small Claims Court Overview: Nolo
• Oklahoma Small Claims Court Information: FindLaw
• Oklahoma Bar Association – Small Claims Guide: OBA
• Oklahoma Small Claims Law: USLegal
• Canadian County Small Claims Procedure: Canadian County